Intellectual Property Law Commons^™

Response To White House Office Of Scientific And Technical Policy Request For Information: Public Access To Peer-Reviewed Scholarly Publications, Data And Code Resulting From Federally Funded Research, Paul Royster, Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

The current 12-month embargo period is widely disregarded. It is observed by PubMed Central (PMC), but the existence of preprint servers and academic social network sites (ResearchGate or Academia.edu) makes it possible for most authors to distribute peer-reviewed manuscripts at will. While enforcement of the embargo is lax or non-existent, its elimination would have a negative impact on publishers’ cooperation—pushing them to replace so-called “green” open access with author-pays models. The 12-month embargo allows PubMed Central time to prepare accurate and standardized versions of accepted author manuscripts. Requiring immediate access would not eliminate the PMC production time; there would still …

Teaching Copyright Law Through Participatory Involvement In An Unconference Setting, Amanda Mccormick, Stephanie A. Adams, Hope A. Dunbar, Sarah Mclean-Plunkett

Law Librarian Journal Articles

An “unconference” is an attempt by librarians and other professionals to work outside of the traditional conference model. Presenters are encouraged to break out of traditional modes of presentation and try new methods of engaging with the participants. We submitted an idea for a session focused on demystifying domestic and international copyright law and discussing how the law affects libraries and archives. Modern librarianship demands at least a basic understanding of copyright and intellectual property issues, and librarians have reported that they lack training and knowledge in this area. We determined that we did not want to present a formal …

Ithaka S+R Us Library Survey 2019, Jennifer K. Frederick, Christine Wolff-Eisenberg, Ithaka S+R

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

The Ithaka S+R Library Survey 2019 examines strategy and leadership issues from the perspective of academic library deans and directors. This project aims to provide academic librarians and higher education leaders with information about chief librarians’ visions and the opportunities and challenges they face in leading their organizations. In fall 2019, we invited library deans and directors at not-for-profit four-year academic institutions across the United States to complete the survey, and we received 662 responses for a response rate of 46 percent. In this survey cycle, we added new coverage of three key topics: equity, diversity, and inclusion …

Fostering Bibliodiversity In Scholarly Communications: A Call For Action!, Kathleen Shearer, Leslie Chan, Iryna Kuchma, Pierre Mounier

Copyright, Fair Use, Scholarly Communication, etc.

Diversity is an important characteristic of any healthy ecosystem, including scholarly communications. Diversity in services and platforms, funding mechanisms, and evaluation measures will allow the scholarly communication system to accommodate the different workflows, languages, publication outputs, and research topics that support the needs and epistemic pluralism of different research communities. In addition, diversity reduces the risk of vendor lock-in, which inevitably leads to monopoly, monoculture, and high prices. Bibliodiversity has been in steady decline for decades.1 Far from promoting diversity, the dominant “ecosystem” of scholarly publishing today increasingly resembles what Vandana Shiva (1993) has called the “monocultures of the mind”2, …

Engaging First Year Students With Intellectual Property, Marian G. Armour-Gemmen

Faculty & Staff Scholarship

Since intellectual property is so important to engineers, creating enthusiasm from the beginning of their engineering studies is imperative. Since first year students have not learned how to apply technological concepts to real life, demonstrating intellectual property could be a challenge. To engage first year engineering students in the concept and the value of intellectual property, students were introduced to basic concepts and applications. Different concepts were applied to real life examples allowing them to interface with technology from an intellectual property perspective. This paper highlights not only patents, but also trademarks and trade secrets.

The Conspiracy Theory Handbook, Stephan Lewandowsky, John Cook

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Conspiracy theories attempt to explain events as the secretive plots of powerful people. While conspiracy theories are not typically supported by evidence, this doesn’t stop them from blossoming. Conspiracy theories damage society in a number of ways. To help minimize these harmful effects, The Conspiracy Theory Handbook, by Stephan Lewandowsky and John Cook, explains why conspiracy theories are so popular, how to identify the traits of conspiratorial thinking, and what are effective response strategies.

The Handbook distills the most important research findings and expert advice on dealing with conspiracy theories. It also introduces the abbreviation CONSPIR which serves as a …

Developing A Research Data Policy Framework For All Journals And Publishers, Iain Hrynaszkiewicz, Natasha Simons, Azhar Hussain, Rebecca Grant, Simon Goudie

Copyright, Fair Use, Scholarly Communication, etc.

More journals and publishers – and funding agencies and institutions – are introducing research data policies. But as the prevalence of policies increases, there is potential to confuse researchers and support staff with numerous or conflicting policy requirements. We define and describe 14 features of journal research data policies and arrange these into a set of six standard policy types or tiers, which can be adopted by journals and publishers to promote data sharing in a way that encourages good practice and is appropriate for their audience’s perceived needs. Policy features include coverage of topics such as data citation, data …

Scraping Bepress: Downloading Dissertations For Preservation, Stephen Zweibel

Copyright, Fair Use, Scholarly Communication, etc.

This article will describe our process developing a script to automate downloading of documents and secondary materials from our library’s BePress repository. Our objective was to collect the full archive of dissertations and associated files from our repository into a local disk for potential future applications and to build out a preservation system.

Unlike at some institutions, our students submit directly into BePress, so we did not have a separate repository of the files; and the backup of BePress content that we had access to was not in an ideal format (for example, it included “withdrawn” items and did not …

Roadmap For Open Science (Canada), Mona Nemer

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The objective of the Roadmap for Open Science is to provide overarching principles and recommendations to guide Open Science* activities in Canada. The recommendations are intended for science and research funded by federal government departments and agencies.

The Roadmap for Open Science was developed in the context of the Directive on Open Government, the Model Policy on Scientific Integrity and the Data Strategy Roadmap for the Federal Public Service. It builds on the Tri-Agency Open Access Policy on Publications and the Statement of Principles on Digital Data Management. A federal approach to supporting Indigenous data strategies is outlined in the …

Osi 2019 Annual Report, Glenn Hampson

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OSI’s 2019 work focused on building a bridge to 2020—continuing our pivot from being an organization focused on understanding facts and perspectives, to one poised to pursue a significant, global reform agenda. This is a challenge for any group—doubly so for a group like OSI at the pioneering edge of a nebulous field, while also trying to maintain a republic format where all participants are co-equal leaders. OSI’s strategy in 2019 focused primarily on these three agenda items:

1. Find sustainable financing.

2. Help coordinate the construction of a new global roadmap for open.

3. Prepare for and start work …

Dear President Trump,, Coalition Of Open Access Policy Institutions (Coapi)

Copyright, Fair Use, Scholarly Communication, etc.

We strongly endorse updating existing U.S. policy to eliminate the current 12-month embargo period on articles that report on publicly funded research, as instituted by the Obama administration, and to ensure that they are made immediately available to the public.

Copyright, Fair Use, And Creative Commons: An Active-Learning Exercise For Studio Art Students, Arthur J. Boston

Faculty & Staff Research and Creative Activity

This article describes an active-learning exercise intended to help teach copyright, fair use, and Creative Commons licenses. In the exercise students use a worksheet to draw original pictures, create derivative pictures on tracing paper, select Creative Commons licenses, and explore commercial usage, fair use, and copyright infringement. Librarian-instructors may find the completed worksheets to be useful aids to supplement copyright lectures; student perspectives will be integral because they are generating the examples used in discussion. Although a scholarly communication librarian developed this exercise to help introduce some basic copyright information to an undergraduate studio art and design class, the exercise …

Identifying And Implementing Relevant Research Data Management Services For The Library At The University Of Dodoma, Tanzania, Gilbert Exaud Mushi, Heila Pienaar, Martie Van Deventer

Copyright, Fair Use, Scholarly Communication, etc.

Research Data Management (RDM) services are increasingly becoming a subject of interest for academic and research libraries globally – this is also the case in developing countries. The interest is motivated by a need to support research activities through data sharing and collaboration both locally and internationally. Many institutions, especially in the developed countries, have implemented RDM services to accelerate research and innovation through e-Research but extensive RDM is not so common in developing countries. In reality many African universities and research institutions are yet to implement the most basic of data management services. We believe that the absence of …

Accept Me, Accept Me Not: What Do Journal Acceptance Rates Really Mean?, Rachel Herbert

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Journal acceptance rates should not be used as evaluative metrics for journals: we find no evidence that acceptance rates are a reliable signal of quality or impact. Journal acceptance rates are useful for submitting authors and ICSR recommends that they be made publicly available where possible. Gold open access journals do tend to have lower acceptance rates than other open access types, but these also tend to be younger journals: as these journals age, will those acceptance rates increase, or will the open access model influence the acceptance rate? ...

We identified the fact that low acceptance rates are demonstrated …

Who’S Writing Open Access (Oa) Articles? Characteristics Of Oa Authors At Ph.D.-Granting Institutions In The United States, Anthony J. Olejniczak, Molly J. Wilson

Copyright, Fair Use, Scholarly Communication, etc.

The open access (OA) publication movement aims to present research literature to the public at no cost and with no restrictions. While the democratization of access to scholarly literature is a primary focus of the movement, it remains unclear whether OA has uniformly democratized the corpus of freely available research, or whether authors who choose to publish in OA venues represent a particular subset of scholars—those with access to resources enabling them to afford article processing charges (APCs). We investigated the number of OA articles with article processing charges (APC OA) authored by 182,320 scholars with known demographic and institutional …

The Trust Principles For Digital Repositories, Dawei Lin, Jonathan Crabtree, Ingrid Dillo, Robert R. Downs, Rorie Edmunds, David Giaretta, Marisa De Giusti, Hervé L'Hours, Wim Hugo, Reyna Jenkyns, Varsha Khodiyar, Maryann E. Martone, Mustapha Mokrane, Vivek Navale, Jonathan Petters, Barbara Sierman, Dina V. Sokolova, Martina Stockhause, John Westbrook

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As information and communication technology has become pervasive in our society, we are increasingly dependent on both digital data and repositories that provide access to and enable the use of such resources. Repositories must earn the trust of the communities they intend to serve and demonstrate that they are reliable and capable of appropriately managing the data they hold.

Following a year-long public discussion and building on existing community consensus , several stakeholders, representing various segments of the digital repository community, have collaboratively developed and endorsed a set of guiding principles to demonstrate digital repository trustworthiness. Transparency, Responsibility, User focus, …

Achieving An Equitable Transition To Open Access For Researchers In Lower And Middle-Income Countries, Andrea Powell, Rob Johnson, Rachel Herbert

Copyright, Fair Use, Scholarly Communication, etc.

Introduction

The origins of this White Paper can be traced to a discussion started in mid-2019 between a number of scholarly publishers and the Publisher Coordinator for Research4Life (a role that is supported financially by the STM Association). These interlocutors voiced concern that while the publishing and research communities in the developed world were making steady and positive progress towards universal Open Access based on a ‘pay to publish’ model, those same communities in the less developed lower and middle-income countries (often referred to as the “Global South”) were being excluded from these discussions. Following discussions at the STM Board …

The Debunking Handbook 2020, Stephan Lewandowsky, John Cook, Ullrich Ecker, Dolores Albarracín, Panayiota Kendeou, Eryn J. Newman, Gordon Pennycook, Ethan Porter, David G. Rand, David N. Rapp, Jason Reifler, Jon Roozenbeek, Philipp Schmid, Colleen M. Seifert, Gale M. Sinatra, Briony Swire-Thompson, Sander Van Der Linden, Thomas J. Wood, Maria S. Zaragoza

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For more information on The Debunking Handbook 2020 including the consensus process by which it was developed, see https://sks.to/db2020.

In November 2011, we published The Debunking Handbook. As the update notice on that page already shows, more research has come in since then and the time had finally come for a complete overhaul of this very popular handbook (it still gets downloaded a couple of thousand times in most months!). The two authors of the original handbook - Stephan Lewandowsky and John Cook - got in touch with other researchers who look into how best to counter misinformation and …

Mplp: From Practice To Theory, Kyna Herzinger

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Most American archivists are familiar with More Product, Less Process or MPLP and are sensible of its strengths and weaknesses, while applying its time-saving methods. Minimal methods are currently justified over more time-honored, time-consuming ones by applying MPLP’s now largely accepted practices in an effort to maximize resources and prioritize competing workplace demands.

This paper traces MPLP’s development through four broad observations and seeks to reframe how archivists engage with MPLP and its diverse approaches. MPLP’s larger impact is considered by encouraging a conversation around how professional values have found a voice in MPLP and, in turn, considers MPLP’s impact …

Pubfair: A Distributed Framework For Open Publishing Services. Version 2, November 27, 2019, Tony Ross-Hellauer, Benedikt Fecher, Kathleen Shearer, Eloy Rodrigues

Copyright, Fair Use, Scholarly Communication, etc.

Over the last thirty years, digitally-networked technologies have disrupted traditional media, turning business models on their head and changing the conditions for the creation, packaging and distribution of content. Yet, scholarly communication still looks remarkably as it did in the pre-digital age. The primary unit of dissemination remains the research article (or book in some disciplines), and today’s articles still bear a remarkable resemblance to those that populated the pages of Oldenburg’s Philosophical Transactions 350 years ago. In an age of such disruptive innovation, it is striking how little digital technologies have impacted scholarly publishing; and this is also somewhat …

Federal Research: Additional Actions Needed To Improve Public Access To Research Results, John Neumann

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Why GAO Did This Study --Research and development helps catalyze breakthroughs that improve the overall health and wellbeing of our society. Federal research and development expenditures averaged about $135 billion annually for fiscal years 2015 to 2017. According to OSTP, providing free public access to federally funded research results can improve both the impact and accountability of this important federal investment. In February 2013, OSTP directed federal agencies with more than $100 million in annual research and development expenditures to develop a plan to support increased public access to the results of federally funded research.

GAO was asked to examine …

Open Access: Could Defeat Be Snatched From The Jaws Of Victory?, Richard Poynder

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When news broke early in 2019 that the University of California had walked away from licensing negotiations with the world’s largest scholarly publisher (Elsevier), a wave of triumphalism spread through the OA Twittersphere. The talks had collapsed because of Elsevier’s failure to offer UC what it demanded: a new-style Big Deal in which the university got access to all of Elsevier’s paywalled content plus OA publishing rights for all UC authors – what UC refers to as a “Read and Publish” agreement. In addition, UC wanted Elsevier to provide this at a reduced cost.1 Given its size and influence, UC’s …

The Flavor Of Open Access Over Rice: Tech Transforms & Transmutes Ed, Rachel S. Evans

Articles, Chapters and Online Publications

Rachel Evans crafts a short history of Open Educational Resources and provides a list of tools and other sites for exploring and creating Open Access Textbooks and other materials. The post also recounts a recent Open Access event at UGA Law Library and compares the perils of generationally divided views on access to quality yet affordable education to the clash of tradition and modernity in a particular film The Flavor of Green Tea Over Rice. To close the piece she encourages members to participate in the recently shared ALL-SIS (Academic Law Libraries Special Interest Section) survey about Open Educational Resources …

The Fair Open Access Breakdown Of Publication Services And Fees, Fair Open Access Alliance, Saskia De Vries

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The Fair Open Access Alliance (FOAA) is pleased to present its Breakdown of Publication Services and Fees. A few years ago, FOAA invited several publishers and platforms in a consortium to formulate a response to the ORE call. Members of that group continued to meet informally to discuss the future of academic publishing in Fair Open Access. Specifically, discussions between FOAA and these individual publishers centered on identifying a set of service baskets that could group the various service components provided by an academic publisher, in the context of the price transparency requirement set forth by Plan S. Based on …

A Roadmap For Action: Academic Community Control Of Data Infrastructure, Sparc, Claudio Aspesi, Nicole Allen, Raym Crow, Shawn Daugherty, Heather Joseph, Joseph Mcarthur, Nick Shockey

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The need for academic institutions to act to retain control of infrastructure, data and data analytics is here to stay. It is critical for academic leaders to acknowledge that data and its uses play a central role in the operations and the future of their institutions, and take control of how it is managed as a strategic asset.

The time to act is now. Many of the actions outlined in the Risk Mitigation section of this roadmap can be taken relatively quickly, and many institutions already have a head start on these processes in response to GDPR or other requirements. …

International Copyright In Historical Context: Who Are The Real Pirates?, Paul G. St-Pierre

Charleston Library Conference

Copyright is usually justified with arguments about defending the natural right of authors to control their creations, or claims that limited monopolies spur innovation for the greater good of society. I contrarily assert that the primary intent of copyright has generally been to protect powerful industries in advanced countries and ensure control over emerging markets that rely on the importation of intellectual property.

As global trade expanded in the 19th century, a patchwork quilt of domestic copyright laws and bilateral treaties failed to stem rampant infringement that hurt publishers’ export revenues. Re-printers and readers, however, benefited from lower prices. The …

Libraries, Authors, And Literary Estates: The Complex Case Of Rosenbach V. Sendak (2016), Patrick Roughen

Charleston Library Conference

This research examines a lawsuit filed by the Rosenbach Museum and Library of Philadelphia in 2016 against the Estate of Maurice Sendak (1928–2012) to determine the distribution of some of Sendak’s collection of rare books. In the lawsuit, the Rosenbach claimed the executors of the Sendak estate had withheld a portion of the rare books to which it was entitled under Sendak’s will. This paper suggests possible ways in which institutions such as libraries, archives, and museums might anticipate and address some of the ownership-related problems that arise during the acquisition and/or loss of collections of an artist or author …

Building Infrastructure For African Human Genomic Data Management, Ziyaad Parker, Suresh Maslamoney, Ayton Meintjes, Gerrit Botha, Sumir Panji, Scott Hazelhurst, Nicola Mulder

Copyright, Fair Use, Scholarly Communication, etc.

Human genomic data are large and complex, and require adequate infrastructure for secure storage and transfer. The NIH and The Wellcome Trust have funded multiple projects on genomic research, including the Human Heredity and Health in Africa (H3Africa) initiative, and data are required to be deposited into the public domain. The European Genome-phenome Archive (EGA) is a repository for sequence and genotype data where the data access is controlled by access committees. Access is determined by a formal application procedure for the purpose of secure storage and distribution, and must be in line with the informed consent of the study …

A Discussion Of Value Metrics For Data Repositories In Earth And Environmental Sciences, Cynthia Parr, Corinna Gries, Margaret O’Brien, Robert R. Downs, Ruth Duerr, Rebecca Koskela, Philip Tarrant, Keith E. Maull, Nancy Hoebelheinrich, Shelley Stall

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Despite growing recognition of the importance of public data to the modern economy and to scientific progress, long-term investment in the repositories that manage and disseminate scientific data in easily accessible-ways remains elusive. Repositories are asked to demonstrate that there is a net value of their data and services to justify continued funding or attract new funding sources. Here, representatives from a number of environmental and Earth science repositories evaluate approaches for assessing the costs and benefits of publishing scientific data in their repositories, identifying various metrics that repositories typically use to report on the impact and value of their …

Accelerating Scholarly Communication: The Transformative Role Of Preprints, Andrea Chiarelli, Rob Johnson, Emma Richens, Stephen Pinfield

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Five take-away messages:

Early and fast dissemination, increased opportunities for feedback and openness are seen as the main benefits of preprints.

The main concerns over preprints are the lack of quality assurance, media potentially reporting inaccurate research and journals rejecting articles if a preprint has been posted.

Twitter has been playing a key enabling role in the current second wave of preprints and preprint servers. It also appears to be the main way researchers are exposed to preprints in the first place.

It is not clear who will be responsible for posting preprints in the long-term – researchers or publishers? …